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Bouayad v. Normandy Ins. Co., et al,___So.3d___(Fla. 7/9/26) Arising Out Of/Workplace Assaults Bill Rogner The claimant was GM of a car rental business located in a hotel near Orlando Int’l Airport. He was shot several times in a dimly lit outdoor walkway by an unknown assailant. Thereafter, he stated to a guest that “Robert did this.” Although evidence suggested the assailant might be Robert Aponte, who had a vendetta against the claimant’s son, no concrete evidence existed that the assailant... View More

No DCA decisions for the month of August. View More

As of 6-15-26 Koren v. City of Kissimmee/PGCS, ___So.3d___(Fla 1st DCA 6/10/26) Compensability / Burden of Proof/120 Day Rule The opinion is short on facts and indicates only that the DCA affirmed the denial of psychiatric treatment, rejecting the claimant’s argument that the City waived its defenses under F.S. s. 440.20(4) and that he improperly shifted the burden of proof to the claimant.  The ruling was affirmed based on the fact the claimant failed to challenge an alternative basis for... View More

As of 5-15-26 Leighton v. Kratos Logistics, LLC/Ascendant Claims Svcs,  (Fla. 1st DCA 5/6/2026) Statute of Limitations The DCA reversed the JCC’s finding that the claimant’s PFB was time-barred. The claimant’s DOA was 2/9/22.  The final indemnity payment was 6/29/22 and the last visit with an authorized doctor was 8/1/22.  However, that bill was paid on 5/9/23.  F.S. s. 440.19(2) states that the two-year period is tolled when “…[p]ayment of any indemnity benefit or the furnishing of remedial treatment, care, or... View More

No DCA April decisions as of 4-27-26 View More

Updated 3-27-26 Estes v. Palm Beach County School Dist./Davies Claims,___ So.3d ___ (Fla. 1st DCA 3/23/26) Statute of Limitations Bill Rogner ***HR Law will be filing a Motion to Certify a Question of Great Public Importance with the Florida Supreme Court relating to the DCA’s interpretation of tolling and the unintended extension of the SOL***** In a 52-page en banc decision, the court eliminated the “2yr/1yr” analysis employed for the last 25 years to determine whether or not a PFB... View More